Conduct unbefitting a Solicitor
Statement of Findings and Order : 4 April 2019
Corrigenda : 9 April 2019
The Respondent engaged in conduct unbefitting a solicitor, thereby compromising his integrity, his own reputation and the reputation of the profession, contrary to common law in that on 18 May 2017, the Respondent was convicted on his own plea of four counts of theft, contrary to s. 9 of the Theft Ordinance (Cap. 210) at the Shatin Magistrates’ Court and was ordered to pay a fine of HK$1,000 for each count totalling a sum of HK$4,000.
The Solicitors Disciplinary Tribunal ordered that:
(1) The Respondent be censured;
(2) The Respondent be suspended from practice for a period of two years from the filing of the Order by the Clerk to the Tribunal (“Clerk”) with the Registrar of the High Court, with the condition that when the Respondent resumes practice after the suspension, he is prohibited from practising as a sole proprietor or partner or manager of a solicitors’ firm until the Law Society (“Applicant”) is satisfied that he is fit to do so;
(3) The Respondent to pay the fixed costs of the Applicant and the Clerk within 28 days from the Clerk’s filing of the Order; and
(4) The filing of the Order pursuant to s. 10(3) and s. 12(2) of the Legal Practitioners Ordinance, Cap. 159 (“LPO”), be suspended during the time limited for appeal under s. 13 of the LPO, ie until 25 April 2019, and, if notice of motion of appeal is duly filed by any party on or before 25 April 2019, until the appeal is finally determined or deemed to be finally determined in accordance with s. 13A(2) of the LPO.
Ms. Chan Oi Ha, the Assistant In-House Prosecutor of the Applicant
Messrs. Tsui & Lok, Solicitors for the Respondent
Mr. Ma Shiu Wah Ismail, Clerk to the Tribunal
Mr. Mui Ho Chow Eddie (Chairman)
Mr. Shu Chi Kit David
Mr. Chan Kam Wing Clement